Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026

Administered by Department of Education

Legislation au F2026L00790 In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of a delegate of the Minister for Education

Higher Education Support Act 2003

Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026

AUTHORITY

Subsection 16-25(1) of the Higher Education Support Act 2003 (the Act) provides that the Minister may approve a body corporate as a higher education provider if the body satisfies the requirements listed in that section. These requirements include making an application to the Minister under section 16-40 for approval as a higher education provider.

Paragraph 16-50(1)(a) of the Act provides the Minister must decide an application by a body corporate for approval as a higher education provider, and under paragraph 16-50(1)(b) of the Act, cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider.

Subsection 16-55(1) of the Act also provides that a notice of approval under paragraph 16‑50(1)(b) of the Act is a legislative instrument.

In accordance with section 238-5 of the Act, the functions and powers of the Minister under subsections 16-25(1) and 16-50(1) have been delegated to certain persons, including SES employees in the Department of Education who hold a position that is classified as a Senior Executive Band 1 under the Public Service Classification Rules 2000. These delegations are subject to the general direction issued by the Minister under subsection 238-5(2) of the Act. The general direction provides that the employee must not exercise the delegated power unless they have responsibility for, or involvement with, the administration of a program for which it is necessary to exercise the delegation.

PURPOSE AND OPERATION

The purpose of the Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026 (the Instrument) is to approve Sydney Metropolitan Institute of Technology Pty Ltd (Sydney Metropolitan Institute of Technology) as a higher education provider for the purposes of the Act and notify Sydney Metropolitan Institute of Technology of its approval. As indicated above, a body corporate must satisfy the criteria in subsection 16‑25(1) relating to the body corporate’s suitability and ability to be an approved higher education provider before the Minister or delegate can approve it as a higher education provider. The delegate is satisfied that Sydney Metropolitan Institute of Technology satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, Sydney Metropolitan Institute of Technology is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth.   

An approval of a higher education provider given under subsection 16-25(1) is exempt from sunsetting under item 33 in the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. It is not appropriate to subject approvals given under subsection 16-25(1) to sunsetting as stringent statutory review processes under the Act currently apply to approvals of higher education providers, and approvals are able to be revoked for a number of reasons under the Act. Division 22 of the Act provides circumstances where a higher education provider’s approval will be revoked, for example, see section 22-15 which provides that the Minister for Education may revoke a higher education provider’s approval if that provider breaches any conditions on its approval or the quality and accountability requirements in Division 19 of the Act.

COMMENCEMENT

The Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

The department undertook consultation with Sydney Metropolitan Institute of Technology to assist the delegate of the Minister when deciding whether to approve the body as a higher education provider. This consultation informed the delegate’s ultimate decision to approve Sydney Metropolitan Institute of Technology. A public consultation was not undertaken or considered necessary as Sydney Metropolitan Institute of Technology is the only body affected by the notice. 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026

The Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026 (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the Instrument is to approve Sydney Metropolitan Institute of Technology Pty Ltd (Sydney Metropolitan Institute of Technology) as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act) and notify Sydney Metropolitan Institute of Technology of its approval. A body corporate must satisfy the criteria in subsection 16-25(1) relating to the body corporate’s suitability and ability to be an approved higher education provider before the Minister or delegate can approve it as a higher education provider. The delegate is satisfied that Sydney Metropolitan Institute of Technology satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, Sydney Metropolitan Institute of Technology is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth. 

An approval of a higher education provider given under subsection 16-25(1) is exempt from sunsetting under item 33 in the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. It is not appropriate to subject approvals given under subsection 16-25(1) to sunsetting as stringent statutory review processes under the Act currently apply to approvals of higher education providers, and approvals are able to be revoked for a number of reasons under the Act. Division 22 of the Act provides circumstances where a higher education provider’s approval will be revoked (for example, see section 22-15 which provides that the Minister for Education may revoke a higher education provider’s approval if that provider breaches any conditions on its approval or the quality and accountability requirements in Division 19 of the Act).

Human rights implications

The Instrument engages the right to education in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Right to education

Article 13(2)(c) of the ICESCR provides that ‘higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education’.

As an approved higher education provider, Sydney Metropolitan Institute of Technology is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth. Grants to both Sydney Metropolitan Institute of Technology and its students promote the right to education by enabling students and prospective students to access financial assistance to assist them to undertake courses of study based on capacity, rather than on financial means.

Conclusion

The Instrument is compatible with human rights because it supports the right to education.  

 

Delegate of the Minister for Education, Annette Cannell

 

 


HIGHER EDUCATION SUPPORT (NOTICE OF APPROVAL – SYDNEY METROPOLITAN INSTITUTE OF TECHNOLOGY PTY LTD) INSTRUMENT 2026

EXPLANATION OF PROVISIONS

Section 1: Name

  1.   This section specifies the name of the instrument as the Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026 (the Instrument).

Section 2: Commencement

  1.   This section provides that the Instrument commences on the day after it is registered on the Federal Register of Legislation.

Section 3: Authority

  1.   This section provides that the Instrument is made under section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003 (the Act).

Section 4: Definitions

  1.   This section provides the definition of ‘Act’, which is the Higher Education Support Act 2003, because this term is used in the Instrument.
  2.   This section also includes a note to explain that term ‘higher education provider’ used in the Instrument is defined in Schedule 1 of the Act, consistent with section 13 of the Legislation Act 2003. Section 13 of the Legislation Act 2003 provides that unless the contrary intention appears, expressions used in instruments have the same meaning as in the enabling legislation.

Section 5: Approval of higher education provider

  1.   This section provides that, for the purposes of section 16-25 and paragraph 16‑50(1)(b) of the Act, Sydney Metropolitan Institute of Technology Pty Ltd is approved as a higher education provider.

 

 

Overview

The Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026 was enacted to approve Sydney Metropolitan Institute of Technology Pty Ltd as a higher education provider under the Higher Education Support Act 2003. This instrument addresses the need for formal recognition of educational institutions as higher education providers, enabling them to receive grants and allowing their students to be eligible for financial assistance. Issued by the authority of a delegate of the Minister for Education, the instrument was created to streamline the process of approving institutions as higher education providers and to ensure that only those meeting stringent criteria are eligible for the associated benefits. The policy objective is to maintain high standards of education and accountability within the higher education sector. The Instrument is compatible with human rights, particularly the right to education under Article 13 of the International Covenant on Economic, Social and Cultural Rights, by facilitating access to higher education based on capacity rather than financial means. By approving Sydney Metropolitan Institute of Technology as a higher education provider, the Instrument supports the provision of financial assistance to students, thereby promoting equal access to higher education.

Scope and Application

The Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026 is a legislative instrument that grants approval to Sydney Metropolitan Institute of Technology Pty Ltd (Sydney Metropolitan Institute of Technology) as a higher education provider under the Higher Education Support Act 2003. This approval is issued by the Minister for Education or a delegate and follows a rigorous assessment process to ensure the institution meets all necessary criteria. The approval enables Sydney Metropolitan Institute of Technology to receive certain grants under the Act and allows its students to access financial assistance from the Commonwealth. This approval is exempt from sunsetting provisions, as stringent review processes are already in place to monitor the quality and accountability of approved higher education providers. The approval can be revoked under the Act if the institution fails to comply with its conditions or quality requirements. The Instrument also addresses human rights considerations, specifically the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights, by facilitating access to higher education based on capacity rather than financial means. The Instrument operates within the Commonwealth jurisdiction, and its commencement is effective from the day after it is registered on the Federal Register of Legislation. The approval process included consultation with Sydney Metropolitan Institute of Technology but did not require public consultation, as the institution is the sole entity affected by the notice. The Instrument is compatible with human rights, as it supports the right to education by making higher education accessible to students based on their capacity to benefit from it. The Instrument is made under section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003, and its provisions include the definition of terms such as "Act" and "higher education provider," which are consistent with the definitions provided in the enabling legislation.

Key Provisions

The Higher Education Support (Notice of Approval – Sydney Metropolitan Institute of Technology Pty Ltd) Instrument 2026 (referred to as the Instrument) aims to approve Sydney Metropolitan Institute of Technology Pty Ltd as a higher education provider under the Higher Education Support Act 2003 (the Act). This approval makes the Institute eligible to receive certain grants under the Act and enables its students to receive certain financial assistance from the Commonwealth (section 5). The Instrument is authorized under section 16-25 and paragraph 16-50(1)(b) of the Act and commences on the day after its registration on the Federal Register of Legislation (section 2 and 3). The Instrument defines "Act" as the Higher Education Support Act 2003 and notes that "higher education provider" is defined in Schedule 1 of the Act (section 4). The obligations imposed by the Instrument on Sydney Metropolitan Institute of Technology, once approved, include adherence to the quality and accountability requirements outlined in Division 19 of the Act. As an approved higher education provider, the Institute must ensure that it meets all criteria and standards set forth in the Act to maintain its approval status. The Institute is also required to comply with any conditions imposed on its approval, as specified by the Minister for Education. Additionally, the Institute must ensure that its operations and services are provided in a manner that is consistent with the purposes of the Act, which include promoting access to higher education and supporting the educational needs of its students. Failure to comply with the requirements and conditions of the approval can result in the revocation of the Institute's status as a higher education provider. According to section 22-15 of the Act, the Minister for Education may revoke the approval if the Institute breaches any conditions on its approval or the quality and accountability requirements in Division 19 of the Act. Such revocation would not only impact the Institute’s eligibility for grants but also its students' eligibility for financial assistance. The potential consequences include significant disruptions to the Institute's operations and financial stability, as well as limiting students' access to higher education. The Instrument also engages the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). By enabling Sydney Metropolitan Institute of Technology to receive grants and its students to receive financial assistance, the Instrument supports the progressive introduction of free education, making higher education accessible to all based on capacity. The compatibility of the Instrument with human rights is affirmed by its alignment with the right to education, as it promotes equitable access to higher education regardless of financial means.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.